UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-569

In Re:

GERALD PARKER,
Petitioner.

On Petition for Writ of Mandamus.

Submitted:

May 15, 1997

(CR-94-73)

Decided:

May 28, 1997

Before RUSSELL, HALL, and HAMILTON, Circuit Judges.

Petition denied by unpublished per curiam opinion.
Gerald Parker, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

PER CURIAM:
Gerald Parker filed a petition for a writ of mandamus seeking
an order compelling the district court to either discharge him,
issue a writ of habeas corpus, or release him on bail pending final
resolution of his case. We deny the petition.
Mandamus is a drastic remedy to be used only in extraordinary
circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402
(1976). Mandamus relief is only available when there are no other
means by which the relief sought could be granted, In re Beard, 811
F.2d 818, 826 (4th Cir. 1987), and may not be used as a substitute
for appeal. In re United Steelworkers, 595 F.2d 958, 960 (4th Cir.
1979). The party seeking mandamus relief carries the heavy burden
of showing that he has "no other adequate means to attain the relief he desires" and that his right to such relief is "clear and
indisputable." Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35
(1980). Parker has not made such a showing. Accordingly, we deny
his petition for a writ of mandamus. We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the decisional process.

PETITION DENIED